2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    October 13, 2023

        Introduced by M. of A. EACHUS -- read once and referred to the Committee
          on Environmental Conservation

        AN ACT to amend the environmental conservation law, in relation to recy-
          cling certain rechargeable batteries

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 4  of  section  27-1803  of  the  environmental
     2  conservation  law,  as  added  by  chapter  562  of the laws of 2010, is
     3  amended to read as follows:
     4    4.  "rechargeable  battery"  means  any  rechargeable  nickel-cadmium,
     5  sealed  lead,  lithium  ion,  nickel metal hydride battery, or any other
     6  such dry cell battery capable of being  recharged  [weighing  less  than
     7  twenty-five  pounds],  or  battery packs containing such batteries[; but
     8  shall not include a battery used as the principal electric power  source
     9  for  a vehicle, such as, but not limited to, an automobile, boat, truck,
    10  tractor, golf cart or wheelchair; for storage of  electricity  generated
    11  by an alternative power source, such as solar or wind-driven generators;
    12  or  for  memory  backup  that  is an integral component of an electronic
    13  device];
    14    § 2. Section 27-1807 of the environmental conservation law is  amended
    15  by adding a new subdivision 1-a to read as follows:
    16    1-a.  a.  Any  consumer  purchasing a new rechargeable nickel-cadmium,
    17  sealed lead, lithium ion, nickel metal hydride  battery,  or  any  other
    18  such  dry  cell battery capable of being recharged who does not return a
    19  used rechargeable battery to the retailer at the time of  such  purchase
    20  shall  pay  such retailer a return incentive payment of five dollars per
    21  rechargeable battery sold.
    22    b. A retailer shall refund to a consumer the five dollar return incen-
    23  tive payment collected pursuant to this subdivision  if,  within  thirty
    24  days  of  the  date  of  the purchase of a new rechargeable battery, the
    25  consumer returns to such retailer a used  rechargeable  battery  of  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 8139                             2

     1  same type as the newly purchased rechargeable battery. Any return incen-
     2  tive  payment  not refunded to the consumer pursuant to this subdivision
     3  shall be retained by the retailer.
     4    c.  In collecting a return incentive payment pursuant to this subdivi-
     5  sion, the retailer shall inform the consumer  of  the  retailer's  obli-
     6  gation  to  refund such return incentive payment to such consumer should
     7  the consumer return a used rechargeable battery within thirty days.
     8    § 3. This act shall take effect immediately.